Ferguson's appeal states that an unusual Lincoln County policy allowing potential jurors to opt of service by performing six hours of community service denied him his right to a jury composed of a random cross-section of the population.

Cole County Circuit Judge Richard Callahan had previously rejected the appeal in a Jan. 9 ruling. Although the policy seemed at odds with Missouri law, he wrote, it did not deny Ferguson a fair trial because only 13 of the 848 potential jurors chose the community service option.

Ferguson, who is serving a 40-year sentence, was convicted of second-degree murder and first-degree robbery in connection with the 2001 killing of Columbia Daily Tribune sports editor Kent Heitholt.

Since Ferguson's conviction, he has maintained that he is innocent and has filed a number of appeals. He is awaiting a ruling from Boone County Circuit Judge Jodie Asel in a separate appeal claiming ineffective assistance of counsel by his attorneys at the original trial.